Court No. - 49
Case :- APPLICATION U/S 482 No. - 25674 of 2018 Applicant :- Krishan Pal Singh And 2 Ors Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- U.C. Chaturvedi Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
Shri Chetan Chatterjee has filed his appearance slip on behalf of opposite party no. 2 today, is taken on record.
Heard learned counsel for the applicant, learned AGA for the State and learned counsel for the opposite party no. 2.
The present application u/s 482 Cr.P.C. has been filed to quash the impugned order dated 13.6.2018 passed by learned Civil Judge (S.D.)/F.T.C., Additional Chief Judicial Magistrate, Saharanpur on the discharge application of the applicants in Case No. 155 of 2018 (State Vs. Prashant and others), under section 498A, 323, 504, 506 I.P.C., and 3/4 D.P. Act, P.S. Sadar Bazar, District Saharanpur.
Learned counsel for the applicant submits that the discharge application has been wrongly rejected though the entire allegations made against the applicants are general and vague in nature, therefore, in view of the decision of the Supreme Court in the case of Geeta Mehrotra and Another Vs. State of Uttar Pradesh, 2012 (10) SCC 741, the applicants ought to have been discharged at this stage itself.
Learned counsel for the opposite party no. 2 states that neither the injury report has been filed with the present application nor there is any error in the order of the learned court below in rejecting the discharge application by refusing to look into the material relied upon in defence.
Having considered the arguments advanced by learned counsel for the parties, at this stage, it does not appear that the order rejecting the discharge application suffers grave infirmity. However, it is observed that while framing charges, learned court below shall be mindful and proceed to frame charges against the applicants, strictly in accordance with law, based on the material if any, that may be existing against them.
With the aforesaid observations, the application stands disposed of.
Order Date :- 31.7.2018 Prakhar